There is no set minimum value for probate in England and Wales. Whether a Grant of Probate is needed depends on what the person owned and who holds it, rather than on the total value of the estate. You will almost always need probate if the person owned a house or land in their sole name, and banks and building societies usually ask for it when the amount they hold is above their own limit, which is often somewhere between £5,000 and £50,000. If everything was held jointly and passes automatically to the surviving owner, probate may not be needed at all.
With the Autumn 2024 budget announcing fundamental changes to Inheritance Tax relief, followed by further changes in 2025, further uncertainty has been cast over what is already, for plenty of people, a complicated set of rules to understand. It’s fully reasonable to want to get the estate valuation and probate processes out of the way in the wake of a loss, but many people find this tricky when the goalposts for paying Inheritance Tax and applying for probate seem to keep moving.
These changes only add to the confusion surrounding when probate is needed and whether the value of an estate will affect the administration process. It is understandable to be keen to resolve estate matters quickly and correctly the first time around, which means you’ll need to take into consideration how the changes to Inheritance Tax reliefs could affect the process.
Our probate and estate lawyers use their expert knowledge to help clients know whether they need to bring the estate they are managing to probate, and also share guidance on how to build tax-friendly portfolios in response to the changes. Our Wills and Inheritance Tax planning services will prioritise your wants and wishes whilst ensuring that you are in compliance with the new guidelines.
If you’d like more specialist advice suited to your circumstances, you can speak to one of our solicitors and specialist lawyers in Ashford, Cranbrook and Hythe.
Please be aware that this blog is for informative purposes only and should not be taken as legal advice.
What does probate involve?
Probate is the process of dealing with the administration of a person’s estate following their death. In many cases, the process will involve settling outstanding debts and paying off any Inheritance Tax, utility bills, mortgages, or loans before you are allowed to start distributing assets. Strictly speaking, “probate” means obtaining the Grant of Probate (or Letters of Administration where there is no Will). This is the court document that gives the executor legal authority to deal with the estate. For bespoke advice on your probate needs, talk to one of our probate and estate administration solicitors and lawyers.
How much does an estate need to be worth to go to probate?
Whilst there is no set minimum value for an estate to avoid probate in England and Wales, each financial institution or bank will have its own threshold limit for the maximum amount you can access without needing to apply for probate. As a general rule, however, probate will not be typically required if the estate is valued at under £5,000 or if assets were held jointly, for example, in a joint bank account.
However, you will usually need a grant, whatever the value of the estate, if the person owned a house, flat or land in their sole name (or as “tenants in common” with someone else), if a bank or investment provider asks for one, or if a dispute is likely.
How to find out the value of a deceased person’s estate
Valuing an estate for probate just means figuring out how much the collective assets and savings of the deceased are worth. This is important because you’ll need to include the value in the probate application and, if Inheritance Tax is due, pay it by the end of the sixth month after the month in which the person died. HMRC charges interest after that date.
There are steps to take to find out the value of an estate for probate, starting by contacting relevant organisations such as banks, pension providers, employers or utility providers to find out about any potential debts and assets the deceased person held.
Then, you have the option to estimate the value yourself or have a professional valuation done by an estate agent or a chartered surveyor. Where Inheritance Tax may be payable, a formal professional valuation is strongly recommended, as HMRC can challenge estimated values. Remember that it is the type of asset and the policy of each bank, rather than HMRC, that decides whether a Grant of Probate is needed. Bank limits commonly range from £5,000 to £50,000, and some are higher.
Once you have the value of the estate, you can work out whether a full Inheritance Tax return is needed and then apply to the Probate Registry for the grant. The grant gives the executor legal authority to deal with the estate in line with the Will.
The Inheritance Tax changes announced in the Autumn 2024 and 2025 Budgets do not change whether probate is needed. They can, however, affect how much tax is due and how much reporting the executor has to do.
For estates that are ”not “excepted estates”, you will need to complete an Inheritance Tax return (IHT400) and submit it to HMRC, usually paying at least some of any tax due, before applying for probate. You must then wait 20 working days before sending the probate application. Most smaller estates are “excepted estates” and do not need to send HMRC a return at all, as the values are simply given in the probate application.
How much does it cost to apply for probate?
Since July 2026, the court fee for applying for probate in England and Wales has been £526 for estates worth more than £5,000. There is no fee for estates worth £5,000 or less. Extra official copies of the grant cost £2 each if ordered with the application, or £16 each if ordered later. Solicitors’ fees are charged separately, and you can see ours on our probate pricing page.
UK changes to Inheritance Tax relief following the Autumn 2024 and 2025 Budgets
Recent Budgets have made significant changes to Inheritance Tax. These do not decide whether probate is needed, but they can affect the value of the estate and the tax payable. The key changes are:
- A Threshold Freeze – This refers to the IHT threshold, which is also sometimes called the nil-rate band. Any estate that falls within the nil-rate band will not be liable for Inheritance Tax. It remains unchanged at £325,000 and, along with the £175,000 residence nil-rate band, is now frozen until April 2031.
- Changes to Agricultural and Business Property Relief – From 6 April 2026, 100% relief applies only to the first £2.5 million of combined qualifying agricultural and business assets, with 50% relief above that. Any unused allowance can pass to a surviving spouse or civil partner.
- Changes to the treatment of pensions – Before the changes, the value of pension death benefits was usually not taken into account when the estate was valued. For deaths on or after 6 April 2027, most unused pension funds and pension death benefits will be included in the estate for Inheritance Tax, and the executors will be responsible for reporting and paying the tax. Death in service benefits are excluded.
But what does any of that mean, and does it affect who needs probate? In short, no. Whether probate is needed still depends on the assets and who holds them. However, there are two practical impacts to consider:
- Due to the threshold freeze and the changes to reliefs and pensions, more estates will be above the nil-rate band and will need to pay Inheritance Tax and complete a full IHT400 return.
- With an increase in attention to the IHT threshold, the accurate valuation of the asset becomes increasingly important. If your estate value exceeds or is merely close to the IHT threshold, then professional valuations and advice are recommended to make sure the correct tax is paid.
We have covered the changes announced in the 2024 Autumn budget and their impact on Inheritance Tax in this blog. The 2026 Autumn budget did not impinge on the existing rules.
Speak to our Wills and probate solicitors and specialist lawyers today
It is understandable to want probate advice from professionals with the rules shifting and announcements being made in dense legal jargon. Our team of probate and estate administration solicitors and lawyers have been overseeing cases and helping to sort out Inheritance Tax implications for decades, and as 99% of our customers say that they’d work with us again, we are quite confident in our proactive and sensitive approach.
If you’d like more specialist advice suited to your circumstances, you can speak to one of our solicitors or specialist lawyers in Ashford, Cranbrook and Hythe.